Walking should not be a life-threatening activity. But on streets like Dyer Street, Montana Avenue, and the busy corridors of Downtown El Paso, pedestrians face real danger every time they step off the curb. El Paso consistently ranks among the most dangerous cities in Texas for pedestrians, with dozens of fatal pedestrian crashes reported each year.
The reasons are structural: wide, high-speed roads designed for cars, not people. Long stretches without marked crosswalks. Drivers who treat speed limits as suggestions. And an increasing number of distracted drivers who never see the pedestrian until it is too late. If you or a loved one has been struck by a vehicle while walking in El Paso, you need to understand your legal rights.
Texas Crosswalk and Pedestrian Right-of-Way Laws
Texas law establishes clear rules about when pedestrians have the right-of-way and when drivers must yield. Understanding these rules is critical to any pedestrian accident claim.
Texas Transportation Code Section 552.003 requires drivers to yield the right-of-way to pedestrians lawfully within a crosswalk, whether marked or unmarked. An unmarked crosswalk exists at every intersection where sidewalks are present, even if there are no painted lines.
Section 552.002 gives pedestrians the right to cross at intersections with traffic signals, but only when the signal indicates it is safe to walk. Pedestrians who start crossing on a walk signal have the right to finish crossing even if the signal changes.
Section 552.005 establishes a critical duty: every driver must exercise due care to avoid colliding with a pedestrian. This applies regardless of whether the pedestrian is in a crosswalk. Even if a pedestrian is crossing outside a crosswalk, the driver cannot simply hit them and claim the pedestrian was at fault.
Section 552.006 requires drivers to yield to pedestrians on sidewalks when entering or exiting driveways, alleys, or parking lots.
Dangerous Areas for Pedestrians in El Paso
Certain corridors in El Paso are especially hazardous for people on foot:
Dyer Street runs through densely populated neighborhoods with heavy foot traffic but limited pedestrian infrastructure. Bus stops without adequate crosswalks force pedestrians to cross multiple lanes of fast-moving traffic. The stretch between Hondo Pass and Fred Wilson is particularly dangerous.
Montana Avenue from Downtown to the East Side carries high-speed traffic through commercial areas where pedestrians regularly cross to reach shops, restaurants, and bus stops. Many sections lack marked crosswalks, forcing pedestrians to judge gaps in traffic.
Downtown El Paso around the Oregon Street and Mesa Street corridors sees heavy pedestrian activity from workers, shoppers, and residents. Left-turning vehicles and drivers unfamiliar with the area create constant collision risks.
Alameda Avenue through the Lower Valley has wide lanes, fast traffic, and a large pedestrian population. The combination of limited crosswalks, poor lighting at night, and high traffic volume makes this one of the most dangerous corridors in the city.
Paisano Drive near the Bowie neighborhood carries truck and commuter traffic alongside residential areas. Pedestrians crossing to reach bus stops or businesses face vehicles traveling well above safe speeds for the area.
Common Pedestrian Accident Injuries
When a 4,000-pound vehicle strikes an unprotected human body, the injuries are almost always severe. Pedestrian accidents typically result in far more serious harm than vehicle-to-vehicle collisions:
- Broken bones and fractures: Impact with a vehicle commonly causes fractures to the legs, pelvis, arms, and ribs. Many require surgical repair with hardware implantation
- Traumatic brain injuries: Being struck by a vehicle and hitting the ground or windshield causes concussions, skull fractures, and brain bleeding that can result in permanent cognitive impairment
- Spinal cord injuries: The force of impact can fracture vertebrae or damage the spinal cord, potentially causing partial or complete paralysis
- Internal organ damage: Blunt force trauma to the abdomen can rupture the spleen, lacerate the liver, or cause internal bleeding that requires emergency surgery
- Soft tissue injuries: Torn ligaments, tendons, and muscles that may require surgery and months of physical therapy
Many pedestrian accident survivors face a long recovery involving multiple surgeries, extensive rehabilitation, and permanent disability. The financial burden is enormous, which is why pursuing full compensation is essential.
Liability in El Paso Pedestrian Accidents
Determining fault in a pedestrian accident is not always straightforward. Texas uses a modified comparative fault system under Civil Practice and Remedies Code Section 33.001, which means:
- You can recover compensation as long as you are less than 51% at fault
- Your compensation is reduced by your percentage of fault
- If you are 51% or more at fault, you recover nothing
Insurance companies routinely try to blame the pedestrian, arguing they were jaywalking, wearing dark clothing, or not paying attention. But here is what they do not tell you: even if a pedestrian was crossing outside a crosswalk, the driver still has a legal duty to exercise due care to avoid hitting them. A driver who was speeding, texting, or failed to keep a proper lookout may bear most or all of the fault.
An experienced personal injury attorney can investigate the accident, gather evidence, and counter the insurance company's blame-shifting tactics.
What to Do If You Are Hit by a Car as a Pedestrian
If you are struck by a vehicle in El Paso, take these steps to protect your health and your legal claim:
- Call 911 immediately: Report the accident and request medical assistance. The police report will document critical details about the crash
- Get medical treatment: Go to the emergency room even if you think your injuries are minor. Internal injuries and concussions may not show symptoms for hours or days
- Document the scene: If you are able, photograph the location, the vehicle, any traffic signals or crosswalk markings, and your injuries. Note the driver's license plate number
- Get witness information: Bystanders who saw the accident can provide crucial testimony about what happened and who was at fault
- Do not accept a quick settlement: The driver's insurance company may contact you with a lowball offer before you understand the full extent of your injuries. Speak with an attorney first
Hit by a Vehicle While Walking? Get the Help You Need
Pedestrian accidents change lives in an instant. The injuries are severe, the medical bills are staggering, and the insurance companies will try to blame you for being in the wrong place. You do not have to fight this alone.
Lovett & Murray has over 30 years of experience fighting for injured El Paso residents. We handle pedestrian accident cases on a contingency fee basis, meaning you pay nothing unless we win. Contact us today for a free consultation or call 915-757-9999. Let us review your case and fight for the compensation you deserve.